By using our website, you agree to our following Terms and Conditions of service:
BACKGROUND
This website https://actihost.com, hereinafter referred to as its commercial name ACTIHOST, is a legally established business whose purpose is the operation of this and other websites functioning as internet portals, and activities involving planning and design of computer systems that integrate hardware equipment, applications, software programs, and communication technology to create and provide a variety of services: Web hosting, Email servers, Cloud computing, Cloud hosting, Dedicated servers, Cloud servers, Cloud storage and backups, Domain registration, Mass Mailing or Email Marketing, Transactional Email, WhatsApp Marketing, WhatsApp Helpdesk or support desk, among other services or groups of services packaged and digital channels related to social networks.
In the practice of free competition, the parties, freely and voluntarily, have accepted and predetermined the scope of action and benefits between them as a result of a commercial relationship that will be established according to the conveniences of the parties; all of which will always be documented by the acceptance of this electronic contract.
ACTIHOST, with address at Puerto Santa Ana Edificio Emporium floor 7 Office 701, Guayaquil – Ecuador, may, at its absolute discretion, modify this Agreement and the policies or contracts incorporated into it, at any time, which shall take effect immediately upon being published on this website.
ESSENTIAL CONDITIONS
The CLIENT of the Service or representative of a business, company, or individual, becomes a "User" under this agreement. To use ACTIHOST, you must: a) be at least eighteen (18) years old and have the legal capacity to enter into contracts, b) complete the registration process or purchase, c) accept these Terms of Use, and d) provide true, complete, and up-to-date contact information. By using ACTIHOST, you declare and warrant that you meet all the requirements listed above, and that you will not use it in a manner that violates laws or regulations. If, after your electronic acceptance of these Terms and Conditions of use, ACTIHOST discovers that you do not have the legal authority to bind such a business, company, or individual, you will be personally responsible for the obligations contained in this Agreement, including, among others, payment obligations. ACTIHOST will not be liable for any economic damage, fraud, or any type of consequence arising from information, notification, document, or communication on which ACTIHOST may have believed to be genuine and originating from you as an individual or an authorized representative of your business or company.
The terms begin when the CLIENT uses or registers with ACTIHOST, whichever occurs first, and continue as long as the Service is used. If the CLIENT registers with ACTIHOST on behalf of a company or another entity, they declare and warrant that they have the legal authority to accept these Terms on their behalf.
CHANGES TO THE TERMS
We may change any of the terms by publishing the new texts on our website and sending an email notification to the last address provided by the CLIENT. Unless you terminate your account within five (5) days, the new Terms will take effect immediately and apply to any continued or new use of ACTIHOST. We may change the website, the service, close accounts of any user, and change eligibility requirements at any time.
ACCOUNT AND PASSWORD
The CLIENT is responsible for maintaining the confidentiality of their username and password and for all activity that occurs in their account. Therefore, they must notify us immediately of any unauthorized use. We are not responsible for any loss if the password is stolen or obtained by hackers. ACTIHOST does not have access to the current password and can only reset it for security reasons.
Disputes on account or services
Since ACTIHOST is not familiar with the internal operations of the CLIENT's organization or the nature of their personal relationships, we do not mediate disputes over the legitimate owner of an account. Therefore, the CLIENT must resolve any dispute related to their account or contracted services directly with the other party.
ACCOUNT CLOSURE
The CLIENT can terminate this agreement by giving notice 30 days in advance to ACTIHOST. Similarly, ACTIHOST may suspend its Service at any time, with or without cause. If we cancel your account without justified cause, we will refund a prorated portion of your prepayment or refund unused credits to be used for contracting services on ACTIHOST. There will be no refund if there is a justified cause, such as a violation of our Terms. Once the relationship ends, we may permanently delete your account and all associated data, including your emails from our website. If the CLIENT does not log into their account for one hundred eighty (90) days, we may consider it inactive and permanently delete it along with all associated data.
BILLING
ACTIHOST will be responsible for billing any payment made by credit card or transfer from anywhere in the world. In the event of hiring Services through agencies and/or representatives, they will be billed by those individuals.
While being a user or having a pending balance with us, the CLIENT will provide valid credit or debit card information and authorize us to deduct monthly charges from that card. If you use a credit or debit card on our website, the CLIENT declares and guarantees that all charges can be billed to that card and will not be rejected. If we cannot process the credit card charge, we will attempt to notify the CLIENT of the issue by email and eventually suspend and/or cancel the account if the invoice has not been paid within five (5) days of being issued. ACTIHOST may change its rates at any time. In such a case, these will be published on the website.
REFUNDS
In the event that ACTIHOST ceases to provide the Services for a reason not established in these Terms, we will only refund the CLIENT the money for the remaining prorated contracted time and will not refund for any other situation. If the CLIENT disputes a payment charge made, the Bank will reverse the charge on the credit card that executed the payment, and consequently, the account will be canceled.
INDEMNIFICATION
Hereby, the CLIENT agrees to defend, indemnify, and hold us harmless, our affiliates, our underlying service providers (i.e., vendors who help us provide the Products), business partners, external suppliers and providers, members of our Network, account providers, licensors, distributors, and representatives, and our and their respective officers, directors, employees, distributors, and representatives from and against any claim, damage, lawsuit, process, demand, proceeding (whether legal or administrative), loss, liability, sanction, settlement, and expense (including reasonable attorney fees and costs) in connection with any claim or action that (a) arises from any alleged or actual breach of this Agreement by the CLIENT; (b) arises from your contacts and content, including the content or effects of any message you distribute, events you organize, surveys you conduct, social media campaigns you publish, promotions or offers you provide, donations you collect, or products or services you sell (including claims).
Refunds will not apply to accounts and services that were canceled due to violation of the Terms and Conditions and/or ACTIHOST's Anti-Spam and Good Conduct Policy.
ANTI-SPAM AND GOOD CONDUCT POLICY
The CLIENT agrees not to use any of our websites or services in a way that:
Is illegal, or promotes illegal activities
Is part of sending unsolicited or fraudulent email
Infringes on the intellectual property rights of ACTIHOST or another company, business, or individual
Modifies or
impairs the operation of this website or any of our services
Stores or executes any computer viruses, programming errors, Trojans, or other types of malicious code, or programs that negatively affect our hardware or software infrastructure and that of our other clients
Uses false or misleading language or unsubstantiated claims or the like in connection with ACTIHOST on any web, social, written, or public platform
The CLIENT agrees to notify us in writing in the event of any of these claims or actions. In addition, the CLIENT acknowledges and agrees that we have the right to claim damages when the CLIENT uses the Site or the Products for illicit purposes, illegally, or in a manner incompatible with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, or consequential damages. In the event that we need to respond to a third-party subpoena or court or public order related to your use of the Site or the Products, we may, at our discretion, require reimbursement for our reasonable expenses associated with complying with such subpoena or court order.
SERVICE BENEFICIARIES AND/OR SOFTWARE PROGRAMS
The CLIENT declares that the services and/or licensed software will be used solely by the legal entity registered in ACTIHOST's system. To use the services and/or licensed software for the benefit of a third party, the CLIENT must obtain the express written approval of ACTIHOST, granted either in the form of an addendum (additional agreement) to this document or through the execution of an additional contract.
OWNERSHIP OF PROGRAMS AND COPYRIGHTS
- The licensing of this software will only be valid as long as this service provision contract is in effect. At the end of this contract, the CLIENT will no longer have the right to use the mentioned software.
- The programs covered by this licensed contract, the original reproductions thereof, any partial or total copies made by ACTIHOST or the CLIENT or by any other person, the legal rights of copying, patents, trademarks, trade secrets, and any other intellectual property or property rights, exclusively belong to ACTIHOST, and it has sufficient authorizations to grant licenses to use such programs in turn.
- The CLIENT agrees and acknowledges that the programs used to access our services are licensed and are trade secrets of ACTIHOST, as well as any information or documentation provided to them and identified by ACTIHOST as confidential.
- The CLIENT must refrain from copying the operation, whether for profit or not, of the licensed programs, by implementing the necessary internal measures to protect the copyright of the owners of the licensed programs.
LABOR RESPONSIBILITY
This document does not create or generate any employment relationship between the CLIENT and the personnel contracted by ACTIHOST.
CONTRACT TERMINATION BY THE CONTRACTOR
ACTIHOST may terminate this contract and consequently cease billing and collecting the service, without the CLIENT being able to make any claim in the following cases:
- When the CLIENT markets content that is contrary to morality and good customs, and as a result, ACTIHOST receives claims that could damage its image, as well as the marketing of products without the corresponding licenses.
- When the CLIENT connects physical, virtual, or software equipment without ACTIHOST's express authorization and engages in practices that violate restrictions for service provision.
- When the CLIENT assigns, transfers, or discloses in any way and for any purpose the information about the service users provided by ACTIHOST under this contract.
- When the CLIENT transmits data or information for which it is not duly licensed or authorized, and this generates any type of claim for ACTIHOST. Such as messages that undermine morals and good customs. They cannot be used to convene political meetings or rallies, strikes, stoppages, actions or any type of act or meeting prohibited by Ecuadorian Laws.
- When the CLIENT uses the ACTIHOST website or services as a means to aid in the commission of crimes or to send unwanted or unsolicited messages to users.
- Due to the non-compliance with any obligation assumed under this contract.
In any of these cases, the CLIENT will be liable for the claims of third parties harmed.
DURATION AND TERMINATION OF THE CONTRACT
The CLIENT may terminate this contract by giving notice to the other party in writing with thirty (30) business days in advance. Any pending payment must be made within a period before terminating this contract.
Notwithstanding the CLIENT's right provided in the first paragraph of this clause, the initial term of this contract is one year. If neither party expresses its intention to terminate it in writing upon expiration, it will be renewed for an equal term under the same terms and conditions, unless any variation is recorded in an amending agreement to this instrument.
JURISDICTION AND APPLICABLE LAW
Any dispute, controversy, or claim arising out of this Agreement or relating to it, its breach, interpretation, resolution, or nullity, shall be submitted to arbitration administered by the Arbitration and Mediation Center of the Chamber of Commerce of Guayaquil. For this purpose, the provisions of the Arbitration and Mediation Law and the regulations of said Center will apply. The arbitrators must rule in accordance with the law. The parties expressly state that it is not necessary to initiate a mediation process before filing an arbitration claim.
Version 2021
Revision: 01/08/2021
